Notice of Administrative Regulation Proposed Fee Increase

Good afternoon,

KRS 13A.255 requires notice of the establishment or increase of fees in administrative regulation.  The Department for Community Based Services filed the below and attached regulatory amendment, which includes a fee increase of up to $5.00, with the Legislative Research Commission.  The fee increase is necessary because, in accordance with a state master agreement with the Kentucky State Police, IDEMIA Identity & Security USA (through which the fingerprint-based background check is conducted) recently raised their rates per fingerprint check for the National Background Check Program (NBCP).  The Department for Community Based Services is currently utilizing federal Child Care and Development Block Grant funds to cover this cost for child care providers.  This is an ordinary proposed amendment that is currently in the public comment period and will go through the full regulatory process prior to becoming effective, anticipated to be in early 2024.

922 KAR 2:280, Background checks for child care staff members, reporting requirements, and appeals.  This administrative regulation establishes background check requirements for child care staff members, reporting requirements, and appeals.  The amendment addresses non-compliances that were identified during the Department for Community Based Services (DCBS) Division of Child Care federal monitoring visit in 2022. Non-compliances addressed within this administrative regulation includes clarifying the need for child care staff members who are minors to complete background check components. The amendment also clarifies the federal requirement to repeat fingerprint-based background checks every five (5) years and clarifies that the cabinet (not a provider) is responsible for obtaining information needed for out of state background checks if the other state doesn’t participate in the FBI National Fingerprint File Program. The amendment to this administrative regulation also increases the administrative fee for the fingerprint-based background check from up to twenty-five (25) dollars to up to thirty (30) dollars.  The cabinet is currently using federal child care funds to cover this cost for providers.

Requests for additional information or written comments may be submitted to or through November 30, 2023.  Upon request made to by November 16, 2023, a public hearing shall be held on November 27, 2023, at 9am using Zoom.

Thank you.